This decision was made after a case was filed by David Munyi Mathenge and Peter Gichobi Kamotho, who argued that the matter was urgent and of great national interest.
The case, presided over by Justice Richard Mwongo, has been declared urgent, and the Chief Justice, Martha Koome, will now appoint a panel of judges to hear the case.
The court noted that the issues raised in the petition were serious and required careful consideration before any further action is taken.
In his ruling, Justice Mwongo stated that no one, including Prof. Kindiki, should assume the position of Deputy President until the case is fully heard and determined.
The judge also ordered the petitioners to serve the respondents with the necessary court documents by the end of the day. After that, the respondents must respond within three days.
This ruling has come after the National Assembly had already approved Prof. Kindiki’s nomination as the new Deputy President.
National Assembly Speaker Moses Wetangula went ahead and gazetted Kindiki’s appointment despite the ongoing court case.
The legal battle started after the Senate voted to impeach the former Deputy President, Rigathi Gachagua, on October 17, 2024. Gachagua’s impeachment led to President William Ruto nominating Kindiki as his replacement.
However, the High Court had already issued an earlier order suspending the Senate's decision, preventing the appointment of a new Deputy President until the matter is resolved in court.
Justice Chacha Mwita, who had issued the earlier order, noted that the impeachment raised important legal issues.
He ruled that no action should be taken regarding the appointment of a new Deputy President until October 24, 2024, when the case will be mentioned in court again.
This case has drawn significant attention, as it touches on the stability of the country’s leadership. The courts are expected to carefully examine the legal arguments before making a final decision.
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